Complaints Procedure

COMPLAINTS PROCEDURE

of the commercial company toySimply s.r.o., with its registered office at Sulkovec 76, 59265 Rovečné, Company ID No. 08053642, VAT number CZ08053642, registered in the Commercial Register maintained by the Municipal Court in Brno, Section C, File 312206 (hereinafter also referred to as ‘toySimply s.r.o.’ or ‘Seller’).

I. General provisions

1. The Complaints Procedure has been drawn up in accordance with the provisions of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the ‘NOZ’) and Act No. 634/1992 Coll., on consumer protection, as amended (hereinafter referred to as the ‘Act’) and applies to consumer goods (hereinafter referred to as “Goods”) for which the Buyer's rights arising from liability for defects (hereinafter referred to as ‘complaints’) are exercised during the warranty period.

2. The Complaints Procedure is an integral part of the General Terms and Conditions. By concluding the purchase contract, the Buyer expresses their agreement with the General TERMS AND CONDITIONS and with this Complaints Procedure and confirms that they are duly familiar with them.

3. The customer of the online store www.toysimply.cz is either a consumer buyer within the meaning of Section 2(1)(a) of Act No. 634/1992 Coll. on consumer protection (hereinafter referred to as the ‘Consumer Buyer’) or a business buyer who, when concluding and performing the contract, acts within the scope of their business activities (hereinafter referred to as the ‘Business Buyer’). ‘Consumer Buyer’) or a buyer-entrepreneur who, when concluding and performing the contract, acts within the scope of their business activities (hereinafter referred to as the ‘Business Buyer’). The Consumer Buyer and the Business Buyer are hereinafter jointly referred to as the ‘Buyer’.

4. When concluding and performing the purchase contract, the Seller acts within the scope of their business activities. The Seller is an entrepreneur who supplies products or services to the Buyer directly or through other entrepreneurs.

II. Seller's Liability

1. The Seller is liable to the Buyer for the Goods being free of defects upon delivery. In particular, the Seller is liable for the following at the time the Buyer takes delivery of the Goods:

• the item has the characteristics agreed upon by the parties, and in the absence of an agreement, such characteristics as described by the Seller or the manufacturer or as expected by the Buyer with regard to the nature of the goods and based on the advertising carried out by them,
• the item is fit for the purpose stated by the Seller or for which items of this type are normally used,
• the item corresponds to the quality or design of the agreed sample or model, if the quality or design was determined according to an agreed sample or model,
• the item is in the appropriate quantity, measure or weight, and
• the item complies with legal requirements.

2. A tax document is attached to the Goods and a warranty card is attached to some products. If no warranty card is attached to the Goods, the tax document shall be used to make a claim.

III. Rights arising from liability for defects in the Goods

1. Obvious damage to the Goods or their packaging upon delivery must be reported immediately to the carrier and recorded in the handover report (delivery note). The Buyer is not obliged to accept such Goods from the carrier and shall inform the Seller of the damage without undue delay. On the day of receipt, the Buyer shall properly check the integrity of the Goods and the completeness of its accessories.

2. In the case of personal collection by the Buyer, the moment of receipt of the Goods is the moment of transfer of the risk of damage to the Goods from the Seller to the Buyer. If the Buyer does not inspect the Goods upon receipt, they may only assert claims for defects detectable during this inspection if they prove that these defects (e.g. missing accessories) were already present in the Goods at the time of the transfer of risk of damage to the Goods. Later complaints about the incompleteness of the Goods or external damage to the Goods do not deprive the Buyer of the right to complain about the item. However, the Seller has the opportunity to prove that there is no conflict with the purchase contract.

3. The Buyer may make a complaint about the Goods in person or send the goods by courier to the address of toySimply, Pomezí 300, 569 71 Pomezí.

4. If the Buyer – consumer exercises their right to request the removal of defects by repair and the warranty certificate specifies a business entity other than the Seller for the purposes of warranty repairs, whose registered office or place of business is in the same place as the Seller or closer to the Buyer, the Buyer may exercise their right to warranty repairs with the entrepreneur specified in the warranty card and thus expedite the handling of their complaint.

5. If the Buyer sends the Goods to the Seller by a transport service, they should, in their own interest, pack the Goods subject to complaint in suitable and sufficiently protective packaging material that meets the requirements of transport so that they are not damaged during transport. Fragile Goods should be marked with the appropriate symbols. The shipment should contain the Goods subject to complaint (including all accessories). We recommend enclosing a copy of the sales document, a detailed description of the defect and the Buyer's correct contact details.

6. The Buyer is obliged to prove in a demonstrable manner that the Goods were purchased in the online store www.toysimply.eu. The original proof of purchase of the Goods is optimal.

7. The rights arising from liability for defects in the Goods do not apply in particular to cases where the defect or damage was caused by:

• mechanical damage to the Goods
• demonstrably unauthorised interference with the device, natural disasters, mechanical damage or if the seals have been removed or damaged in cases where the Goods are sealed,
• electrical overvoltage (visibly burnt components or printed circuit boards), with the exception of normal deviations,
• demonstrable misuse,
• use contrary to the instructions for use or the instructions on the packaging or in the warranty card,
• use contrary to generally known rules of use,
• demonstrable use in conditions that do not correspond to the temperature, dustiness, humidity, chemical and mechanical influences of the environment specified by the manufacturer or clearly resulting from the nature of the item,
• demonstrable unprofessional installation and operation,
• if the warranty certificate submitted shows obvious signs of changes to the data or if the serial number on the Goods differs from that stated in the warranty certificate.

8. The Seller's liability for defects does not cover wear and tear caused by normal use, Goods sold at a lower price for a defect for which the lower price was agreed, used Goods for a defect corresponding to the degree of use or wear and tear that the Goods had when taken over by the Buyer.

9. A defect caused by unprofessional installation or other unprofessional commissioning is considered a defect if such installation or commissioning was agreed in the purchase contract and carried out by the Seller or another person on the Seller's responsibility.

10. If the package contains or the purchase includes consumables (e.g. batteries, rechargeable batteries, print heads, projector lamps), their usual service life under normal use is 6 months, unless expressly stated otherwise. The Buyer's right to claim the Goods within the statutory warranty period is not affected. However, the Buyer must take into account the fact that the warranty does not cover wear and tear of the Goods or their parts caused by normal use and cannot therefore be confused with the service life.

11. Gifts provided by the Seller to the Buyer free of charge as part of a purchase contract for other paid Goods are not covered by the warranty or liability for defects beyond the scope of the law. In the event of withdrawal from the purchase contract, the Buyer is obliged to return the Goods provided as a gift to the Seller in their original condition.

12. At the Buyer's request, the Seller is obliged to provide the Buyer with written confirmation of the obligations arising from defective performance to the extent required by law (warranty certificate). The warranty certificate must contain the name or business name, ID number and registered office of the Seller. If the nature of the item allows, it is sufficient to issue the Buyer with a document confirming the purchase of the Goods containing the same information as the warranty certificate. If a longer warranty period than the statutory warranty period is provided, the Seller shall specify the conditions and scope of the warranty extension in the warranty certificate.

IV. Warranty period

1. The Buyer-consumer is entitled to exercise their right arising from a defect in consumer Goods within twenty-four months of taking delivery of the Goods. If a defect in the Goods appears within six months of receipt by the Buyer-consumer, it is assumed that the Goods were defective at the time of receipt, unless proven otherwise. In the case of the purchase of used Goods, the period for exercising rights arising from defective performance is 24 months. For the Buyer-entrepreneur, the warranty period is twelve months.

2. The warranty period begins upon receipt of the Goods by the Buyer. The warranty period is extended by the time the Goods were under repair. In the event of replacement of the Goods under warranty, the original warranty period continues.

3. If the purchased Goods are to be put into operation by a business other than the Seller, the warranty period shall commence on the date of putting the Goods into operation, provided that the Buyer ordered the putting into operation no later than three weeks after taking delivery of the Goods and provided the necessary cooperation for the performance of the service in a proper and timely manner. The date of commissioning of the Goods is indicated in the document confirming commissioning of the Goods, which the Buyer receives. The start of the warranty period is thus postponed only if all the above conditions are met. If any of these conditions are not met, the warranty period shall commence on the date of receipt of the item.

V. Rights arising from defects in the Goods

1. If the item does not have the properties specified in the article ‘Seller's Liability’, the Buyer may also request delivery of new Goods without defects, unless this is disproportionate due to the nature of the defect. If the defect concerns only a part of the Goods, the Buyer may only request replacement of this part; if this is not possible, they may withdraw from the contract. However, if this is disproportionate due to the nature of the defect, in particular if the defect can be removed without undue delay, this constitutes a minor breach of contract and in such a case the consumer Buyer is always entitled exclusively to have the defect removed free of charge by repairing the item.

2. The consumer Buyer also has the right to delivery of new Goods or replacement of a component in the case of a removable defect if they cannot use the item properly due to the repeated occurrence of the defect after repair or due to a larger number of defects. In such a case, the consumer Buyer has the right to withdraw from the contract. The same defect that has been removed at least twice during the warranty period and reappears is considered a recurring defect. If the Goods have been repaired at least three times for various removable defects prior to the claim, they are considered to have a larger number of defects.

3. If the consumer Buyer does not withdraw from the contract or exercise their right to delivery of new Goods without defects, replacement of parts or repair, they may request a reasonable discount. The consumer Buyer is also entitled to a reasonable discount if the Seller is unable to deliver new Goods without defects, replace a part or repair the Goods, as well as if the Seller fails to remedy the defect within a reasonable time or if remedying the defect would cause significant difficulties for the consumer Buyer.

4. The Buyer is not entitled to rights arising from defective performance if the Seller notified the Buyer before taking delivery of the Goods that the Goods were defective, or if the Buyer caused the defect themselves.

5. The consumer Buyer is entitled to withdraw from the contract in all cases specified in the NOZ and the Act. The withdrawal is effective against the Seller at the moment when the Buyer's statement of withdrawal from the contract is handed over or delivered to the Seller, provided that all legal conditions pursuant to Section 2001 et seq. of the NOZ are met. In the event of withdrawal from the contract, the contract is cancelled from the beginning and the contracting parties are obliged to return everything they have provided on the basis of the contract.

6. In the event of withdrawal from the contract, the Buyer is obliged to return the complete Goods to the Seller, including all accessories.

7. If the goods sold as used or sold at a discount reflecting their lower quality at the time of sale are defective, the consumer Buyer has the right to a reasonable discount instead of the right to exchange the Goods.

VI. Handling of complaints

1. Complaints, including the removal of defects, must be handled without undue delay, no later than 30 days from the date of the complaint, unless the Seller and the Buyer agree on a longer period. The period for handling complaints begins on the day following the filing of the complaint in accordance with Section 605 of the NOZ. After this period, the consumer Buyer is granted the same rights as if there had been a material breach of contract. The 30-day period is not binding on the business Buyer.

2. The consumer Buyer may inquire about the outcome of the complaint at the address of the registered office and place of business where the complaint was lodged, or on the customer service telephone line.

3. The Buyer is obliged to provide the Seller with all cooperation to verify the existence of the defect complained of and to remedy it (including testing or dismantling the product). When making a complaint, the Buyer is obliged to hand over the Goods clean in accordance with hygiene regulations and general hygiene principles, including all parts and accessories.

4. The Buyer is obliged to hand over the Goods complete for the complaint procedure. We also recommend enclosing a copy of the sales document, a detailed description of the defect and full contact details (address, telephone, email). If the Buyer fails to deliver the Goods complete and their completeness is necessary to determine the existence of the claimed defect and/or to remedy it, the period for handling the complaint shall not commence until the missing parts have been delivered.

5. When making a complaint, the Buyer shall receive written confirmation - a complaint report, which serves as proof for the settlement of the complaint. When drawing up the complaint report, the Buyer is obliged to provide all the required information, the completeness and accuracy of which they confirm by signing the complaint report. The complaint report contains information on when the complaint was made, its content and the method of complaint resolution requested by the Buyer who is a consumer. If the consumer Buyer sent the product for complaint by a transport service, they will receive the complaint report by email.

6. The consumer Buyer is entitled to reimbursement of reasonable costs incurred in making the complaint, these costs being understood as the lowest possible. These include, in particular, postage costs for sending the Goods subject to complaint. The consumer Buyer must request reimbursement of these costs without undue delay, but no later than one month from the end of the period for exercising rights arising from defective performance.

VII. Refusal to accept a complaint

1. The Seller is entitled to refuse to accept the Goods for complaint if the Goods or their components are dirty.

2. The Seller is also entitled to reject a complaint about the Goods if the Goods are not handed over in accordance with hygiene regulations and general hygiene principles.

VIII. Collection of Goods from warranty repair

1. After settling the complaint, the Seller shall inform the Buyer either by SMS, e-mail or by telephone. If the Goods were sent by a transport service, they will be sent to the Buyer's address after the complaint has been settled.

2. The Seller shall issue or send the Buyer a written confirmation stating the date and method of settlement of the complaint, confirmation of the repair and the duration of the complaint, or the reasons for rejecting the complaint.

These Complaints Procedure Rules shall enter into force and effect on 1 May 2020. The Complaints Procedure Rules are subject to change.